No. 04-14- 00 716- CR

_________________________________

IN THE COURT OF APPEALS

FOR THE FOURTH JUDICIAL DISTRICT

SAN ANTONIO, TEXAS

_________________________________

Francisco Javier Azuara, Jr.

Appellant,

v

.

The State of Texas

Appellee,

________________________________

On Appeal From the

111 th Judicial District Court

Webb County, Texas

__ _______________________________

Appellant ’s Un -Opposed Motion for Leave

to File Appellant ’ s Amended Brief

_________________________________

Oscar A. Vela, Jr.

Texas Bar No. 24004967

Appellate counsel for

Francisco Javier Azuara, Jr.

THE LAW OFFICE OF

OSCAR A. VELA, JR., P.C.

1004 E. Hillside Road, Ste. B

Laredo, Texas 78041

Telephone: (956) 568-0221

Facsimile: (956) 568-0052

ovela@thevelafirm.com ACCEPTED

04-14-00716-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

2/6/2015 6:30:25 PM

KEITH HOTTLE

CLERK_________________________________________________________________ _

Appellant ’s Un

- Opposed Motion for Leave of Court

to file A mended Appellate B rief

__________________________________________________________________

TO THE HONORABLE COURT:

Comes now

, FRANCISCO JAVIER AZUARA, JR. , appellant, and files this

un

- opposed moti on for leave of Court to file Appellant ’ s Amended Brief

. I n

supp ort of this motion, appellant shows the court the following:

I. Background Information

1. This ca se arises from a conviction rendered on July 28 , 201 4 , after a

jury trial in a Cause No. 201 4

- CRM

- 000 389

- D 2 styled State of Texas v.

FRANCISCO JAVIER AZUARA, JR., in the 111 th Judicial District Court, Webb

County, Texas.

2. Appellant filed his notice of appeal on October 10 , 201 4

.

3. The Clerk’s record was filed with the Court on November 1 4 , 201 4

.

4. The Reporters record was filed with the Court on Decem ber 2, 2014.

5. The deadline to file Appellant ’s brief was February 2, 2015.

6. Appellant filed his original brief on February 2, 2015.

II. Un

- Opposed Motion for Leave to File Amended Brief

7

. Appellant

, by and through the undersigned counsel of record

,

respectfully request this Court to grant him leave of court to file his amendedappellate brief. A f ter filing Appellant ’s brief, the undersigned couns el discovered

some errors in the brief and an additional point of error that is raised in the

amended brief. The amended brief is being filed just three days from the filing

deadline.

III. Statement of Conference

8

. Counsel would show that on February 4, 2015, he conferred with

As sistant Webb County District Attorney David R e u thinger about this motion and

he does not oppose leave of co urt to file the amended brief.

WHEREFORE, PREMISES CONSIDERED Appellant ’s request that

Court grant his leave of Court to file Appellant ’s Amended Brief, which is being

filed simultaneously wi th this motion.

Resp ectfully submitted,

/s/ Oscar A. Vela, Jr.

Oscar A. Vela, Jr.

Texas Bar No. 24004967

Appellate counsel for Appellants

THE LAW OFFICE OF

OSCAR A. VELA, JR., P.C.

1004 E. Hillside Road , Ste. B

Laredo, Texas 78041

Telephone: (956) 568

- 0221

Facsimile: (956) 568

- 0052

ovela@thevelafirm.comCERTIFICATE OF SERVICE

I hereby certify that on this February 6, 2015, a true a nd correct copy of the

above foregoing motion for leave of court to file amended brief was s erved on the

following:

David L. Reuthinger, Jr. VIA FACSIMILE: ( 956 ) 523

- 5054

Assistant District Attorney AND/OR VIA E

- MAIL

Webb County District Attorney

1110 Victoria , Suite 401

Laredo, Texas 78040

/s/ Oscar A. Vela, Jr.

Oscar A. Vela, Jr.

CERTIFICATE OF CONFERENCE

The undersigned counsel of record c onfe rred wit h Mr

. David L. Reuthinger,

Jr. on February 4, 2015, about this motion and he is unopposed.

/s/ Oscar A. Vela, Jr.

Oscar A. Vela, Jr.